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apartment. About four years later, James W. Green and Walter J. Vogel,
the owners of the apartment building in which Fuentes was a tenant,
sued the city of Miami to recover the cash found in Fuentes’s apartment.
The state of Florida intervened in the case, also claiming an interest in
the money. Who wins? State of Florida v. Green, 456 So.2d 1309, Web
1984 Fla.App. Lexis 15340 (Court of Appeal of Florida)
50.1 Exclusion from Insurance Policy Richard Usher’s home was
protected by a homeowners’ policy issued by National American
Insurance Company of California. The policy included personal liability
insurance. A provision in the policy read: “Personal liability and
coverage do not apply to bodily injury or property damage arising out of
the ownership, maintenance, use, loading, or unloading of a motor
vehicle owned or operated by, or rented or loaned to any insured.” Usher
parked a Chevrolet van he owned in his driveway. He left the van’s side
door open while he loaded the van in preparation for a camping trip.
While Usher was inside his house, several children, including 2-year-old
Graham Coburn, began playing near the van. One of the children
climbed into the driver’s seat and moved the shift lever from park to
reverse. The van rolled backward, crushing Coburn and killing him.
Coburn’s parents sued Usher for negligence. Is the accident covered by
Usher’s homeowners’ policy? National American Insurance Company of
California v. Coburn, 209 Cal. App.3d 914, 257 Cal.Rptr. 591, Web
1989 Cal.App. Lexis 356 (Court of Appeal of California)
50.6 Malpractice Insurance Donald Barker, a wealthy Oregon resident,
went to the law firm Winokur, Schoenberg, Maier, Hamerman&
Knudson to have his estate planned. An attorney at the firm repeatedly
told Barker that he could convey half of his $20-million estate to his
wife tax free under Oregon’s marital deduction. Barker had his will
drawn based on the law firm’s advice. It was not until after Barker died
three years later that Barker’s family learned that Oregon does not
recognize the marital deduction. As a result, the will’s beneficiaries were
subject to significant estate taxes. The beneficiaries sued the law firm for
negligence, and the case was settled for $2 million. At the time Barker